Terms of Use

  1. Acceptance of the Terms of Use

This RxSpark website is provided by PS Deals, Inc. (“Us”, “We” or “Our”) and offers the website and a range of services (collectively the “Site” or “Website”) to you (“You”, “Your”, “User”). Please read the Terms of Use carefully before you start to use the website. By using the website, you accept and agree to be bound to, and abide by, these Terms of Use and our Privacy Policy and Disclaimer.

  1. Medical Advice

The contents of the website are for informational purposes only.  You should seek professional medical advice from your physician or other health provider regarding any medical conditions and associated pharmaceuticals. You should seek medical advice before starting, changing or terminating any medical treatment.

  1. Disclaimer

RxSpark does not recommend nor endorse any specific prescription drug or pharmacy on the website. Please read our full Disclaimer.

  1. Intellectual Property Rights

The website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by the RxSpark, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, ‘scrape’, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website.

The RxSpark name and RxSpark logo and all related names, logos, product and service names, designs, and slogans are trademarks of the RxSpark or its affiliates or licensors. You must not use such marks without the prior written permission of the RxSpark. All registered and unregistered trademarks, including other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

  1. Conduct

You may use the website only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the website:

 

Additionally, you agree not to:

 

  1. International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

  1. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us about such termination or suspension.

  1. Linking to the Website

The website contains links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for, and the policies (including privacy policies) of, such websites.

  1. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files or other data available for access or downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and mechanisms to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the website, its content, and any services or items obtained through the website is at your own risk. The website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the RxSpark nor any person associated with the RxSpark makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither the RxSpark nor anyone associated with the RxSpark represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

The RxSpark hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including, but not limited to, any warranties of merchantability, noninfringement, and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

  1. Limitation on liability

In no event will the RxSpark, its affiliates or their licensors, service providers, employees, agents, officers, managers, or directors be liable for damages of any kind, under any legal theory, arising out of, or in connection with, your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

  1. Indemnification

You agree to defend, indemnify, and hold harmless RxSpark, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of, or relating to, your violation of these Terms of Use or your use of the website including, but not limited to, any use of the website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the website.

  1. Governing Law and Jurisdiction

All matters relating to the website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia, without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia in each case located within the Northern District of Georgia, and you consent to the exercise of personal jurisdiction by and venue in such courts, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

  1. Waiver and Severability

No waiver by the RxSpark of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the RxSpark to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Intercept with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the website.